San Bernardino, CA asked in Landlord - Tenant for California

Q: can we withhold rent from landlords if they have no fixed a heater issuing in the unit

For months since September we have been asking for a heater, management has not provided one even when temperatures are below 34 degrees after threatening to withhold rent that brought a space heater that only heats up one area , management keeps saying this month it will be installed but not an exact day , they have been saying this for months after telling them our toddler has gotten sick multiple times and this issue has not been solved we are withholding rent , they are saying we can not legally do that because ethey have been commuting with us and informed us it would be sometime this month, meanwhile we have a sick toddler and a cold unit through out these months. I have text and verbally stressed this concern but it is not being taken seriously , I’ve read the laws and rebate rights but management is saying it is untrue and we will have late fees because we can not legally withhold rent

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1 Lawyer Answer
Manuel Alzamora Juarez
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Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: Pay your rent. Hire a lawyer. Let your attorney handle your case. Warranty of Habitability attorneys will not charge you for their time until they get money for you. If you have medical records on your child injuries, you have a reasonable case. Best of luck!!!

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